Talaq e hassan. What are the different types of talaq? 2022-12-11
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Talaq e Hassan, also known as "Hassan divorce," is a form of divorce recognized in certain Muslim communities. It is a type of "goodwill divorce" that is granted in situations where the husband and wife have mutually agreed to end their marriage on amicable terms.
In a traditional talaq e Hassan divorce, the husband and wife must both agree to the terms of the divorce and work together to come to a mutually satisfactory resolution. This process typically involves mediation and negotiation, with the goal of ensuring that both parties are treated fairly and that any children from the marriage are provided for.
One key aspect of talaq e Hassan is that it is seen as a more humane and compassionate form of divorce compared to traditional talaq, which is a form of divorce that allows the husband to unilaterally end the marriage by simply stating the word "talaq" three times. Talaq e Hassan, on the other hand, requires mutual agreement and cooperation between the husband and wife, and is therefore seen as a more fair and just way of ending a marriage.
There are several benefits to talaq e Hassan for both the husband and wife. For the husband, it allows him to end the marriage without the stigma or social shame that is often associated with traditional talaq. It also allows him to maintain a good reputation within his community, which can be important for both personal and business reasons.
For the wife, talaq e Hassan offers several advantages as well. It allows her to have a say in the terms of the divorce and to negotiate a fair settlement that takes into account her needs and the needs of any children from the marriage. It also allows her to avoid the social stigma and shame that may be associated with traditional talaq, which can be especially important in more conservative or traditional Muslim communities.
Overall, talaq e Hassan is a form of divorce that is seen as a more humane and compassionate way of ending a marriage compared to traditional talaq. It requires mutual agreement and cooperation between the husband and wife, and allows both parties to have a say in the terms of the divorce and to negotiate a fair settlement. While it is not recognized in all Muslim communities, it is an increasingly popular option for couples seeking to end their marriage on amicable terms.
But if a husband wants to pronounce the Talaq through this mode then he has to fulfil certain conditions and these conditions are as follows:- a He has to pronounce the divorce in a single sentence b He has to pronounce it in the state of tuhr i. INTRODUCTION Muslim weddings are regarded as contracts, and where there is a contract, there is also the possibility of its termination. Characteristically, khula is also an extra-judicial and unilateral form of divorce available solely to Muslim women. Talaq-e-Hasan is an extra-judicial form of divorce prescribed in Islam that only men can practice. Some jurists maintain that this form of procedure of talaq in Pakistan for the pregnant woman is futile as the purpose is the vacation of the womb, and the same result is achieved with the Ahsan form of divorce for such a woman. It should be noted that this method of separation is actually Haraam forbidden in Islam, however, if pronounced it is still effective.
Do you say talaq 3 times in anger? Besides talaaq, a Muslim husband can repudiate his marriage by two other modes, that are, Ila and Zihar. On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019. Under Ithna Ashari law, talaq has to be pronounced in the presence of atleast two witnesses. This, essentially, invalidates the challenge based on Articles 14 and 15 as a Muslim wife is also entitled under the Quran to an extra-judicial, unilateral, and absolute divorce mechanism, as is available to the Muslim husband under talaq-e-hasan. If all these conditions are fulfilled by husband then only the divorce through this mode is effected in Muslim religion and according to Muslim religion, after the third pronouncement, divorce becomes irrevocable and after this, it cannot be revoked.
The husband has to make a single declaration of Talaq and then await for another menstrual cycle to pronounce another declaration. The divorce is assumed to be revoked if the couple begins to cohabit or be intimate during the period of abstinence. Unlike other religions where marriage has been traditionally viewed as a sacrament, under Muslim law, marriage is a civil and social contract. So when both are in anger it is not valid. It also sought direction from the police to protect her from religious groups and bodies in case any force is used against her to accept talaq-e-hasan. What is khula and Mubarat? In a landmark Shayara Bano v Union of India judgment in 2017, the Supreme Court declared Talaq-e-Biddat unconstitutional.
Talaq —e-Hasan Proper : In this form too, there is a provision for revocation. The woman completes her waiting period with the delivery of the child. What does the Quran say about talaq? It is permissible for the wife, in such a situation, to extend some material consideration to the husband. The Hasan form of procedure of talaq in Pakistan, for a wife whose affair is governed by periods, is when the husband pronounces a single revocable repudiation in the period of purity, between two menses, when he has not done sexual intercourse with such wife, after which he does not have intercourse with her and pronounces the second revocable procedure of talaq in Pakistan in the next period of purity without intercourse in that period and finally pronounces the third repudiation in the third period of purity. This, essentially, invalidates the challenge based on Articles 14 and 15. An agreement made between the parties to marriage whereby it is provided that the wife should at liberty to divorce her in specified contingencies is valid.
The Hasan form of procedure of talaq in Pakistan, for a wife who is pregnant, is when the husband pronounces a single revocable, repudiation with the knowledge that she is pregnant, waits for the next month and pronounces the second repudiation followed by the third repudiation in the third month. With the court listing the matter on August 18 for further hearing, what climate the litigation on the constitutionality of talaq-e-hasan will adopt is only for time to tell. In this, a man can divorce his wife by pronouncing "talaq" thrice in one go. What are the different types of talaq-ul-Sunnat? All personal laws, including the Muslim Personal Laws Shariat Application Act of 1937, draw their powers from Article 25. It is a form of divorce with the consent and at the instance of the wife, in which she gives or agrees to give consideration to the husband for her release from the marital tie. Thereafter, even if the man himself perceives his decision to have been hasty in hindsight, the divorce remains irrevocable.
The contentions raised in the plea challenging the constitutional legitimacy of divorce via talaq-e-hasan are themselves constitutionally unreasoned and the ramifications of striking down the practice are detrimental, not only to Muslim men, but also to the very mechanism of resorting to extra-judicial divorce. CONCLUSION Thus, it becomes very clear that the contentions raised in the petition challenging Talaq-e-Hasan are themselves unreasonably vague and declaring it unconstitutional will not only affect Muslim men but will also strike down the mechanism for extra-judicial divorce. Such an agreement can be entered before or after marriage. The case gained country level attention and it became a hot topic in the parliament as a result Indian government introduced " The Muslim Women Protection of Rights on Marriage Bill, 2017 ". The practice of talaq-e-biddat is said to have been around since the period of Caliph Umar, more than 1400 years ago.
Zihar: In this mode the husband compares his wife with a woman within his prohibited relationship e. The petitioner claimed that her husband divorced her through Talaq-e-Hasan via a notification through her lawyer; the petition states that she was harassed by her husband and in-laws for failing to provide her dowry, and she was also injured by her abusive husband. To practice 'Talaq-e-Hasan, a man needs to pronounce talaq on his wife three turns at intervals of one month. The court, thereafter, asked the petitioner whether she was willing to go for consent divorce. Under the Muslim Law Application Act of 1937, the law provides an improper remedy for divorce that can only be obtained by men.
Interpreting equality The petitioners have contended that the retention of talaq-e-hasan as a form of divorce, tramples the mandates of Articles 14 and 15 on the ground that the practice is, inter alia, unilateral. In this mode of Talaq if the divorce is pronounced for the third time, between the same parties reunion after two divorces , it becomes irreversible, until the woman marries some other man and he divorces her or is otherwise released from the matrimonial tie, on account of his death. Talaq-ul-Bidaat Irrevocable : This Talaq is also known as Talaq-ul-Bain. The Divisional Bench of the Kerala High Court, while studying the writings of religious scholars and carefully analyzing the text of the Quran, observed that women have the absolute right to end the marriage by invoking the khula. What does Allah say about divorce in the Quran? The husband would say that from today the wife is like his mother or sister. Darul Uloom Deoband has ruled that talaq divorce given in a state of drunkenness is valid.
Know the three practiced modes of ‘talaq’ (divorce) amongst Muslims
The Delhi High Court is set to hear the plea again on August 18, and the Supreme Court bench will also be taking up the matter soon. Talaq-e-Hasan is the procedure of divorce to be followed by men mentioned in Quran. Muslim law provides various modes of Talaq and husband can pronounce divorce by any of the modes. After Ahsan form of divorce, it is the most appropriate form of divorce and if a husband wants to pronounce the divorce through this mode then he has to fulfill certain conditions which are given below:- a He has to pronounce the divorce three times successively b If wife is subject to menstruation period, then first pronouncement should be made during the period of tuhr, second during next tuhr and third during the succeeding tuhr c In case of non- menstruating wife, the pronouncement should be made during the successive interval of 30 days d There should not any sexual intercourse during this period. Its purpose is to ensure, that the male parent of any offspring is clearly identified. Talaq- e- Ahsan form: Under this form, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. If the woman is one whose affair is determined by periods, this will amount to a single repudiation if she is in a period of purity in which no intercourse has taken place.